SHEIKH RATAN BIPARI Vs. HIRA LAL SARAKAR

JUDGEMENT

(1.) This is a reference from the District Judge of Dacca under Order XLVI, Rule 7.

(2.) A suit was brought in the Small Cause Court for recovery of damages against the defendant, who is said to have held some land under a contract to take half the proceeds as remuneration for his labour and expense. That was the case of the plaintiff. The defendant said that the case could not be tried by the Small Cause Court but he did not set up any special plea as to his being a tenant and, therefore, not amenable to the jurisdiction of the Small Cause Court. Upon the evidence, the learned Small Cause Court Judge found that the defendant was a servant who was remunerated by the receipt of half the produce. Upon that finding he gave a decree to the plaintiff.

(3.) There was an application to the District Judge for making a reference and he has made this reference. According to the learned Judge, the finding of the Trial Court as regards the nature of the suit is erroneous and the defendant ought to have been held to be a tenant against whom the present suit could not be entertained.